20091052 Ver 1_Approval Letter_20091020

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Mr. Mike Holder, P.E.
NCDOT Division 12
P.O. Box 47
Shelby, NC 28151
APPROVAL of Catawba Riparian Buffer Authorization with Additional Conditions
Dear Mr. Holder:
Dee Freeman
Secretary
October 20, 2009
DWQ# 09-1058
Iredell County
You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 9,178
square feet of riparian buffer (2,022 square feet in Zone 1 and 7,156 square feet in Zone 2) on Lake Norman, as
described in your application received by the Division of Water Quality (DWQ) on August 20, 2009, and additional
information received electronically October.14, 2009. The location of the project is the Interstate 77 Southbound Rest
Area just north of Lake Norman in Iredell County. This approval is valid for the Catawba Riparian Buffer Rules (15A
NCAC 2B.0245. This project will result in the construction of a series of stormwater best management practices (BMPs),
which include hazardous spill basins and a.stormwater, wetland, and is therefore considered allowable without mitigation.
Please note that you -should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed
regulations.
This approval is valid solely for the purpose and design that you described in your application (unless modified below).
Should your project change, you must notify the DWQ in writing and you may be required to submit a new application. If
the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or
if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h)(6) and (7). For this approval to remain valid, you must adhere to the conditions
listed in the attached certification and those listed below:
1. All stormwater runoff shall be directed as sheetflow through buffers at non-erosive velocities, unless otherwise
approved by this certification.
2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT
maintenance activities, including mowing. The area with non-maintained buffers shall be permanently revegetated
with' native woody species before the next growing season following completion of construction.
3. Pursuant to NCAC 15A_2B.0245(6), sediment and erosion control devices shall be placed in Zone 1 of the buffer only
as depicted in the revised plans received electronically by this office on October 14, 2009. The placement of any
.other sediment and erosion control devices in Zone 1 is unauthorized without prior approval of NCDWQ.
Mooresville Regional Office
Location: 610 East Center Ave.. Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet:w .ncnatelquality.org
An Equal Opportunity 1 Afirma6ve Act= Emp"er - 50% Recyeled110% Posl Consumer paper
NorthCarolina
Naturally

Mr. Mike Holder, P.E.
Page Two
Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not
compromised and that discharge is released as diffuse flow.
4. The outside buffer, wetland or water boundary located within the construction corridor, approved by this authorization,
shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the
fencing are prohibited unless otherwise authorized by this Certification.
5. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curing
concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life and fish kills.
6. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. or
protected riparian buffers.
7. The use of riprap above the normal high water mark shall be minimized. Any riprap placed for stream stabilization
shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order minimize sedimentation
and reduce the introduction of other pollutants into the stream.
9. Temporary dewatering sites must be restored to pre-existing conditions unless more natural geomorphic conditions
can be provided.
10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the
most current version of the NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
11. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of. stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
12. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification.
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
14. A copy of this Authorization shall be posted on the construction site at all times. In addition, the Catawba Riparian
Buffer Authorization and all subsequent modifications, if any, shall be maintained with the Division Engineer and the
on-site project manager.
15. Native riparian vegetation must be re-established within the construction limits of the project by the end of the growing
season following completion of construction.
16. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable.
If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed
and the natural grade restored within 30 days after the Division of Land Resources has released the project.
17. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
Mr. Mike Holder, P.E.
Page Three
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
18. The North Carolina Department of Transportation (NCDOT) and its contractors and/or agents shall not excavate, fill or
perform mechanized land clearing at any time in the construction or maintenance of this project within waters and/or
wetlands, except as authorized by this Authorization, or any modification to this Authorization (e.g., no work shall
occur outside of the footprint of the plans provided). In addition, there shall be no excavation from or waste disposal
into jurisdictional wetlands or waters associated with this Authorization without appropriate modification. If this occurs,
compensatory mitigation may be required since it is a direct impact from road construction activities.
19. The Permittee shall ensure that the final design drawings adhere to the certification and to the drawings submitted for
approval.
20. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
21. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion" form to notify DWQ when all work included in the Catawba Riparian Buffer Authorization has been
completed. Please include photographs upstream and downstream of the structure to document correct installation.
22. Continuing Compliance. NCDOT shall 'conduct its activities in a manner so as not to contravene any state water
quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act] and any-other
appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use). or that state or federal law is being violated, or that.
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify NCDOT and the USACE, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC
2H.0504. Any new or revised conditions shall be provided to NCDOT in writing, shall be provided to the USACE for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing. This letter completes
the review by the Division of Water Quality under the Catawba Riparian Buffer Rules (15A NCAC 2B.0245). If you have any
questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-1699.
?Since'rely,
t `7
forColeen H. Sullins
Attachments
cc: Sonia Gregory, DWQ Wetlands Unit
File Copy